How to Read Encroachments on a Land Survey

A new country survey can be costly, and as a result, many homebuyers may consider skipping this important step in existent estate due diligence. This could result in a variety of far more costly problems in the future, similar a title claim or flood damage that won't be covered by title or homeowners' insurance. While some existent estate investors or homebuyers might be willing to roll the die, nosotros want to make sure homebuyers and investors understand the different types of land surveys and certificates available and how each impacts their investment.

Here are some of the well-nigh common types of land surveys and certificates to help homebuyers make an informed determination.

Before we go into the specifics, there are some common terms you'll hear related to a survey. It'southward adept to have a clear understanding of what these terms mean in order to determine what survey will arrange a homebuyer's needs.

Common Land Survey Terms

• Parcel – a lot of land or real property.
• Legal description – unique descriptor of real belongings found on a human action and land survey.
• Improvement – any permanent developments of land or structures that add together value to real property.
• Easement – a nonpossessory right to use and/or enter onto the real holding of another without possessing it. An example would be utility easements that municipal workers must exist able to access.
• Setback – the minimum distance in which a building or other structure must be gear up back from a street or road, a body of water, a alluvion apparently, or any other place which is deemed to need protection.
• Inroad – a violation of another's property rights by building on or extending a structure into a neighboring packet.

Register for our upcoming webinar on why land surveys matter for a new homeowner!

Why should I get a new survey when I buy a dwelling house?

A land survey is of import for a homebuyer because information technology will ultimately tell you what is and isn't yours. Relying on man-made demarcations like fences or natural barriers like rivers, hedges, or tree lines aren't reliable. The current or another sometime owner may have built on country that isn't a part of the legal description, giving buyers a false impression of what is for auction.

Hither are some things that a survey will tell you:

• If the legal description is authentic and "closes."
• Where the property lines are located.
• If and where there are easements, public correct of ways, encroachments, etc.
• If at that place are whatsoever undocumented or unrecorded easement or undocumented encroachments. For instance, a surveyor will note if there is a worn footpath that the public ofttimes uses or if a neighbor's fence partially extends into the property.

You may also hear references to dissimilar types of certificates. These won't provide you with the same level of detail a survey will only are still useful or may be required in addition to a land survey.

In that location are unlike types of country surveys and certificates involved in a real manor deal. They include:

• Boundary/Mortgage Survey
• Standard Lot & Block Survey
• Improvement Location Document (ILC)
• Height Certificate
• ALTA survey

It'due south important to empathise the difference between these surveys and certificates, so you choose the right one for the property you are buying.

Add a state survey contingency to your contract

In addition to knowing what's covered in your survey, you lot'll want to be certain to add together a country survey contingency to your contract. A land survey is one of the standard items you lot'll run into listed in the closing costs of the purchase contract. You lot tin can negotiate who pays for any of these items, but typically, information technology volition be the buyer who purchases the country survey. A survey contingency will force the seller to accost any issues a survey reveals before closing or give the buyer an opportunity to back out of the bargain without any ramifications similar forfeiting the earnest money eolith.

Boundary or mortgage surveys

A boundary survey is named as such considering it determines property lines and defines the truthful belongings corners of a parcel of land and in addition to including improvements, may also include easements, setbacks, and encroachments.

A boundary survey is ofttimes referred to every bit a mortgage survey, and the exact terminology can vary from one region of the United states to another. Usually, whichever term is used, this is a survey that delineates the lot lines, improvements, and measurements between them.

PropLogix Standard Lot & Block Survey

This a type of boundary survey that is defined by a residential platted belongings with a lot/block legal description, where the lot size is nether 10,000 sq. ft. and with one improvement under 3,000 foursquare feet.

Most planned suburban neighborhoods are divided into a lot and block system, which is a common method used in the United States and Canada. Information technology'due south sometimes chosen a recorded plat survey organization or recorded map survey system. The legal description will bespeak if a belongings is located within a standard lot and block system.

An example of a legal clarification based on a lot and block would read something like this: Lot 225, Reflection Lakes at Naples-Phase 2C, a subdivision according to the plat thereof every bit recorded in Plat Volume 46, Page 83, of the Public Records of Collier Canton, Florida.

Improvement Location Certificate

An Improvement Location Document (ILC) is oft requested by a lender or required by a title insurance underwriter to confirm the validity of the current survey. ILCs are certified past a licensed survey, only they are non surveys.

The most important difference between an ILC and a boundary survey is that the measurements of an ILC are estimates. Essentially, ILCs are less detailed and less expensive.

Survey vs. Improvement Location Certificate:
How to choose the right one

In some cases, a purlieus survey might not exist required by a lender. At the very least, if y'all are being financed for your home buy, you will need to obtain an Improvement Location Document to satisfy lender requirements.

If information technology's a cash bargain, getting a survey or ILC isn't required, but definitely encouraged to protect your property rights. If yous're working with a championship company or real estate attorney, you'll desire to review the title commitment to make up one's mind if boundary issues volition be covered under your policy. While about lenders will require a title search before financing a deal, survey requirements aren't every bit common.

If in that location are any red flags in the ILC, the lender may request a purlieus survey to alleviate any concerns over encroachments. Otherwise, an ILC is an economic alternative to a new full survey. If a survey was done within the by five years, and there is no show of improvements, this may be the right choice for you.

To assist you determine if you should go an Improvement Location Certificate instead of a Boundary survey, check:

• The age of the current survey. If the final survey was done several years ago, information technology'south a skilful idea to go an updated 1.
• The permit history of the real property. A seller should disclose if any work has been washed and provide a lien waiver to avoid whatsoever mechanic's liens, simply obtaining a full permit history will assistance y'all make up one's mind if whatsoever unpermitted or undisclosed work may have taken place.
• The championship commitment/policy to see if at that place is a survey exception. A survey exception can have a huge impact on the legitimacy of a title claim should a purlieus issue need resolution in the future.

Additionally, if you are planning to make any improvements to the land, a survey is imperative. This volition give y'all a clear idea of where you can and tin't build. A boundary survey will give you specific measurements required to build without encroaching on your neighbor'south land or on an easement. An ILC will be inadequate for any future building plans.

Height certificates

FEMA (Federal Emergency Management Agency) publishes a standardized form called an pinnacle certificate. This isn't a survey but is typically performed past professional surveys, but it tin also be done by an engineer or architect. Information technology's used to make up one's mind the premium rate and the advisable inundation insurance plan for properties located in a loftier-gamble flood zone (A, AE, 5, VE, etc.)

In guild to determine what inundation zone a belongings is in, get to the county property appraiser site and look for the flood zone information. Anything listed equally A, AE, V, or VE zone is considered a loftier-adventure flood zone. If you're ownership a condo, check with the association to come across if they have an summit document or deport flood insurance on your behalf.

Beneath, y'all can run across that this property is located in Flood Zone X, which is not considered high-run a risk.

Sometimes, an old certificate may be used to purchase alluvion insurance if there oasis't been substantial changes to the home's foundation or footprint.

Given the rise in natural disasters and outdated information in government-designated overflowing zones, all homeowners should consider adding flood coverage to their home insurance plans. Afterward Hurrican Harvey, but i in four homes had overflowing insurance in a town that saw severe flooding during the tempest.

And so, even if the holding you are ownership isn't in a high-take chances alluvion zone, an elevation certificate will assist you lot improve sympathise the true overflowing risk of a holding and will normally help to lower the cost of inundation insurance premiums.

ALTA Surveys

An ALTA Land Championship Survey is a blazon of boundary survey that adheres to the rigorous national standards set by the American Land Title Association and the National Society of Professional Surveyors. This survey is specially designed for the commercial development of existent belongings.

A boundary survey is significantly less than an ALTA survey, but an ALTA survey will provide more comprehensive and detailed information. In addition to data most property boundaries and easements, an ALTA survey will reveal other features on the property that may impact ownership and use rights, like zoning classification, flood zone classification, and means of admission to the property.

This type of survey is recommended for vacant parcels and fully adult commercial developments like apartment or business organisation complexes. While a simple purlieus survey will satisfy the minimum requirements for about lenders and title insurance underwriters, yous may desire to consider an ALTA survey for residential and commercial vacant land. Often, undeveloped land has either never been surveyed or surveyed long ago when engineering resulted in far less accurate measurements.

Lenders who are financing a commercial existent estate deal are advised to require an ALTA survey to protect their security interests and investments are protected from claims that may not be disclosed by a championship search.

Five things to examine in an ALTA survey

Lenders and existent estate investors will desire to address five concerns during the review of an ALTA survey including:

1. Confirming the legal description with the surveyor. When ordering the survey, request that the surveyor likewise draft a legal description for the property to compare to the one on the championship commitment.
2. Study the easements and rights of manner to decide if they encumber or do good the property. The location and blazon of easements or rights of way may interfere with the investor's intended use of the property. Compare the easements listed in the survey with the ones listed every bit exceptions in the title commitment as these should lucifer.
3. The ALTA survey will bear witness the setback requirements pursuant to the local zoning ordinance. Determine if there are any setback violations and the difficulty and costs to cure the violation. A variance from the local government may exist easy to achieve, merely removing a building or improvement that'south the cause of the violation may be as well expensive and hard.
4. Determine if there are any encroachments and how to cure the issue or if it would be too expensive or hard to cure. Similar to setback violations, curing an encroachment may not be worth the time or money.
5. Find the betoken of access. Sometimes, a property might accept an inconvenient or no bespeak of admission. If the holding is landlocked, the owner or heir-apparent may be required by the lender to obtain and record an easement for ingress and egress before endmost.

If you lot're still unsure of what survey is best suited for your buy, be sure to attain out to a trusted and experienced real estate professional. Y'all tin ask the title agent or real manor attorney involved in your closing what will be required to remove a survey exception. Afterwards you've determined which survey is best, homebuyers, Realtors, and settlement agents can reach out to united states direct to go a free competitive quote from a surveyor in your area. Simply register for an account with PropLogix or schedule a call with a concern rep to get prepare, cull the surveys and/or certificates you want, and enter the required belongings information in the gild course.

Amanda Farrell is a digital media strategist at PropLogix. She enjoys being a role of a squad that gives peace of mind for consumers while making i of the biggest purchases of their lives. She lives in Sarasota with her bunny, Buster, and enjoys painting, playing guitar and mandolin, and yoga.

martinezscarlilluded.blogspot.com

Source: https://www.proplogix.com/blog/what-kind-of-land-survey-do-i-need/

Share this post